Terms and Conditions

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TERMS AND CONDITIONS(w.e.f 1st January 2018)

These Special Terms & Conditions governs all the Service conducted using the web-based remittance facility (www.moneydart.com), brought to you by Moneydart Global Services Inc.,DBA Xpress Money DBA Money2Anywhere (hereinafter referred to as "Moneydart ") in the United States of America (USA).

The Service enables customers to send money to their family, friends, etc., across the world. FOR SECURITY REASONS, WE RECOMMEND THAT YOU SEND MONEY THROUGH THE SERVICE ONLY TO PEOPLE YOU KNOW PERSONALLY. YOU MUST NOT USE THE SERVICE TO SEND MONEY TO STRANGERS OR IN VIOLATION OF ANY APPLICABLE LAWS.

Special Terms and Conditions

By registering with, activating and using the Service, you agree to be bound by these Special Terms and Conditions i.e., the agreement between you and Moneydart. The General Terms and Conditions govern the terms under which you may access and use this website (Website) and the services associated with it (together the "Service") and are to be read along with these Special Terms and Conditions laid down herein below. (Click here for General Terms and Conditions)

Note that at the time of registration, by clicking on "SUBMIT" it will be deemed that you have read and understood all the Terms and Conditions and that you agree to accept and abide by them. Please read & understand the Terms and Conditions carefully prior to availing the Services.

We may in our discretion alter, add to or delete ("Modification") these Terms and Conditions from time to time, if required, without any prior notice.

It is your responsibility to ensure that you periodically update yourself on every occasion of your access and/or use of the Service to review the Special Terms and Conditions for any Modifications. Unless otherwise specified by Moneydart all such Modifications in the Special Terms and Conditions shall take effect automatically and be binding on and from the day of such Modification. By continuing to access or use the Services, you will be deemed to have agreed to accept and be bound by the Modified Special Terms and Conditions.

By continuing to use the Services, you are deemed to have agreed to accept and be bound by such Modifications in the Special Terms and Conditions.

If you do not agree to the Modifications, you should immediately discontinue availing the Service (other than those which have already been availed of by you prior to such alterations, additions or deletions).

By availing the Service you irrevocably authorize us to access all information relating to you (including personal information relating to access and use of the website by you and the transactions done by you) and the information so provided will be bound by our Privacy Policy. (Click here for the Privacy Policy).

Definitions

In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the meaning assigned to them here under

Alerts

It means advice, caution or notice relating to the Service issued or to be issued by us to you through a text message or an email from time to time.

Beneficiary/ Receiver

It refers to the Beneficiary designated by you to receive the funds by using the Service, which can be from your bank account in your visiting or resident country to be received in person in case of direct pay out or to your bank account in your home country or to a Receiver's bank account in the country of the Receiver subject to availability of the Service in the Jurisdiction of the Receiver.

Business day

It means any day that is not a Saturday, Sunday or bank or public holiday in the locality/ country where the visitor visits the website and/or the Receiver receives the payment.

Customer/ User

It means a registered user of Money2Anywhere money transfer service who avails or seeks to avail of Service displayed or offered on the Website or a customer registered with branch.

Customer Account

It means the account directly related to the Customer's position in respect of Service displayed or offered on the Website.

Customer ID

It means the unique identifier chosen by the Customer and assigned to each Customer Account as user identification along with the Customer Password, chosen by the Customer and so registered by the Website, that enables the Customer to:-

avail Services and enter into transactions in respect of the Service offered on the website and

do such other acts as the Website may permit.

In case of Customer registered with branch, Customer can use 16 digit unique customer identification number to create a password for login into the website. Customer can create an Customer ID (optional) since the 16 digit customer identification number will act as the Customer ID.

Customer Number

On registration a 16 digit number created by the system to identify the Customer.

Destination Country

It means the country in which the Receiver receives money through availing of the Service.

Facility

It means any present and future Service or facility displayed or offered to the Customer on or through the Website (by us or by any affiliates or alliance partner).

Local Taxes

It means any taxes or charges payable in the Destination Country.

Money Transfer Funds

It means all monies received or collected by or on behalf of the Customer/User in respect of all Transactions initiated by the Customer/User, including, but not limited to, Transfer Amount and all fees and charges

Payment Account

It means the bank account details of the Customer/User provided to Moneydart at the time of registration for the Service, to be used to transfer the Transaction Amount to the Beneficiary and to pay the applicable service charges for the use of Service.

Payment Instrument

It means a valid instrument of payment such as a bank account.

Payout Amount

It means the amount to be paid out to the Receiver, after such foreign exchange conversions, applicable Service Charges and excluding Local Taxes or such other charges as may be applicable.

Registered User ID

It means the Customer ID chosen by the Customer/User at the time of registration on the Website to access the Website.

Registered User Password

It means the customer password that is chosen by the Customer/User at the time of registration on the Website to access the Website.

Remittance Facility

It means the Service whereby you may request the delivery of a payment from your bank account in your visiting or resident country to your bank account in your home country or to a Receiver's bank account in the country of the Receiver.

Service Provider

It means a local bank, money exchange house, or other third party service providers in the Destination Country with whom Moneydart has relationship with for providing the Service.

Supervisory Authority

It means Bureau of Consumer Financial Protection, pursuant to the enactment of Dodd-Frank Wall Street Reform and Consumer Protection Act and such other authority as maybe notified from time to time.

Transaction

It means a specific instruction made by the Customer/User to send money using the Service to the account of a Beneficiary/Receiver.

Transaction Amount

It means the amount of money that the Customer/User wishes to send to the Beneficiary/Receiver, excluding any applicable fees and prior to any foreign exchange conversion.

Visitor

It means any person, who accesses or visits the Website, whether or not such person has registered himself, includes every Customer/User.

Interpretation

Reference to a particular gender shall be deemed to include a reference to the other genders and

Singular shall include the plural and vice versa and

The word "includes" should be construed as if the words "without limitation" appear thereafter.

Registration

Upon registration, as a Customer/User, the Website will register the relevant Registered User ID and Registered User Password. Being a registered user, you hereby agree that:

You shall not register yourself more than once in the Website for availing the Facility.

You agree to provide true, accurate, current and complete information, as prompted by the registration form on the Website, and to update this information to keep it true, accurate, current and complete at all times.

If in our judgment or knowledge any information provided by you is untrue, inaccurate, not current or incomplete, we retain the right to terminate your registration and refuse access to and use of the Website or Service, including the cancellation of pending transactions.

We reserve the right to request you, at any time and from time to time, for additional information and/or proof of authenticity of any information to our satisfaction; your continued access to the Website and the Service, including the completion of any ongoing transaction, may be subject to the receipt by us of such additional information or proof.

You will solely and absolutely be responsible for maintaining the secrecy and confidentiality of your Registered User IDs and Registered User Passwords (which term includes T-PINs).You are completely responsible and liable for all Transactions and activities that occur using your Registered User's ID and Registered User Password including any unauthorised use or misuse of the Registered User ID and/or Registered User Password and Moneydart will have no obligation to verify the authenticity of any such Transaction or activity.

In consideration of our agreeing to provide the Facilities as per the Terms and Conditions, you hereby agrees unconditionally indemnify us and hold us harmless against any liability, costs, damages, claims, suits, and proceedings based upon or relating to such unauthorized access and/or use.

Without prejudice to the aforesaid, you agree to log out from your account at the end of each session and to immediately notify us via Email customer.service@moneydart.com, or through phone 1866 372 3874 customer service desk of any suspected loss, theft, unauthorised usage of your Registered User ID or Registered User Password, any other breach of security, or any receipt of confirmation of a Transaction, fund or other activity which you did not authorise; or any inaccurate information in your Registered User's account balances or transaction history.

If you forget your Registered User Password, we may, upon your written request and subject to verification of your identity to our satisfaction, either send the prevailing Registered User Password or generate a new temporary password, at our sole discretion would be sent to you at the e-mail address provided by you at the time of registration for the Service. In the latter event, you shall change the temporary password as soon you receive it, and until such time you register your new password, this password shall be deemed to be your Registered User's Password and you will be responsible and liable for all Transactions pursuant thereto.

To the extent permissible by applicable law, we shall have the right (but not the obligation) to require the Customer/User to communicate instructions and authorise and execute Transactions and other activities by means of secure electronic records and secure digital signatures in addition to, or in place of, the use of password(s).

Conduct of Customer/Users

You agree that:

For each Transaction that you submit, you will be charged a service fee/charge as applicable in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction.

If you submit a Transaction that results in our becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees and or charges.

In connection with your registration and use of the Service, you will

provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;

provide true, accurate, current and complete information regarding the Beneficiary/Receiver for all Transactions.

We do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Beneficiary/Receiver or failure to perform a transaction under the Service by reasons mentioned in clause 5.3 above.

When you pay for a Transaction in one currency and the Receiver is paid in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. We and our Service Providers usually make a small profit in these circumstances. If such account is denominated in another currency the amount to be received by the Receiver will be reduced by the amount of extra charges incurred by reason of the incorrect information given by you and we will have no obligation to make good such reduction;

When you are availing the Service under these Terms and Conditions, it is your responsibility to ensure all transaction details are accurate prior submission of the Transaction. You will be given the opportunity to reconfirm transactions details before submission of the Transaction for processing. Once a Transaction has been submitted for processing it is not normally possible to change the details.

We are not responsible for any fees or charges you may incur when utilizing a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees, credit/debit card charges and additional interest which may be imposed by your bank if they treat the Service as a credit transaction rather than a cash transaction.

You will use the Service only to send money to people that you know personally and not to pay for any goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that we have no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If we reasonably believe you are using the Service to purchase goods or services, we reserve the right to cancel your transaction(s). Both Customer and the Receiver will act on their respective selves. You may not submit or receive a Transaction on behalf of a third person. If you intend to submit or receive a Transaction on behalf of a company, business or a third party individual, you must first inform us of your desire to do so and provide us with such additional information as we deem fit about the company, business or third party individual, in order that we may decide whether to permit the transaction.

In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It would tantamount to breach of these Terms and Conditions to use the Service to send money

to a recipient who has violated the Terms and Conditions, or

in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organisations.

If you use the Service in connection with illegal activity or any activity which seem suspicious, we will report your Transaction(s) to the appropriate legal authorities.

We may, as is necessary to provide the Service, store all information required of a Receiver to prove his or her identity or associated with their specific Transaction. Such proofs may include but not limited a suitable form of valid, unexpired identification from a list of acceptable documents provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers as we or our Service Provider may deem fit.

Representations and Warranties

Click here for Representation and Warranties.

Other terms

Subject to these Terms and Conditions, we agree to provide the Service using reasonable care. The Service may not be available in whole or in part in certain regions, countries, or jurisdictions.

We are not obliged to process any particular Transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us.

We reserve the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion or subject to such applicable laws, refuse any Transaction or limit the amount transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.

We reserve the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion or subject to such applicable laws, refuse any Transaction or limit the amount transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.

We may, in our sole discretion, refuse transactions from certain Senders or to certain Receivers, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the OFAC, UN, US Department of state, US Department of Justice, US Department of Treasury , US Department of Homeland Security and such other authorities as may be applicable. In addition, not all Payment Instruments are available to all Customers at all times and we may, in our sole discretion, refuse Transactions funded from certain Payment Instruments.

We will attempt to process Transactions promptly, but any transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.

We will attempt to provide Customer and Receiver with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that we shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.

We conduct our services in a transparent manner and do not withhold any information from Customer pertaining to Customer's Transaction. The requisite information pertaining to Customer's Transaction is disclosed to Customer in the manner and form required by the Supervisory Authority.

Refunds

If you wish to exercise your right to cancel a Transaction under this clause, you must submit a written request to one of the contact points listed at the bottom of this Terms and Conditions, giving the Customer's full name, address, and phone number, together with the transaction tracking number, Transaction Amount, and the reason for your refund request.

If Receiver rejects your funds or you request a refund, we may charge you a fee to refund the principal amount back to your account after deducting the applicable Service Fee for the Service rendered.

We will only refund the Transaction Amount if the transaction was not already paid out to the Receiver (in which case we will also cancel all your pending Transaction to the said Receiver).

Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in USD. Refund amounts will not be adjusted to account for changes in the value of the USD or foreign currency from the time your Transaction was submitted to the time of refund. Notwithstanding the foregoing, residents of certain jurisdictions should read the following:

Right to Refund

The following applies only to Transactions that are submitted by Customer in:

California: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement, if we do not forward the funds received from you within ten (10) days of the date of its receipt of such funds, or we fail to give instructions committing an equivalent amount of funds to the person designated by you within ten (10) days of the date of the receipt of the funds from you unless otherwise instructed by you.If your instructions as to when the funds shall be forwarded or transmitted are not complied with and the funds have not yet been forwarded or transmitted you have a right to a refund.If you want a refund, you must mail or deliver your written request at: Customer Service, at customer.service@moneydart.com by email or by mail to 1000 Woodbridge Center Drive, Woodbridge, NJ 07095. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.

Washington: You, the customer, are entitled to a refund of all moneys received for transmission within ten (10) days of receipt of a written request for refund unless any of the following occurs:

The monies have been transmitted and delivered to the Receiver prior to receipt of the written request for a refund

Instructions have been given committing an equivalent amount of money to the person designated by the Customer prior to receipt of a written request for a refund

We or our authorized delegate has reason to believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested by the Customer or refunding the money as requested by the Customer or

We are otherwise barred by law from making a refund.

Cancelling Payments

You have a right to cancel the money transfer within thirty (30) minutes of making payment and receipt being issued to you provided the transaction can be traced in the system and the money has not been paid out or deposited to the Receiver. You shall be refunded the entire transaction amount including any fees without any deduction or charges within three (3) business working days.

Nevertheless, in the case of a request not complying with the outstanding error or cancellation request procedures, upon your request in writing along with the copy of the money transfer receipt, we may at our sole discretion, cancel the transfer before it is paid out to the intended recipient/ credited to the Beneficiary's bank account and refund the transfer amount after deducting the fees of transaction cancelled and such other charges as maybe incurred by us. Our cancellation charge at present is $100 per transaction

We do not encourage cancellation. The Customer/User cannot cancel or amend any instructions once provided, except as specifically detailed on the website. Additionally, when the registered user places a request to cancel an instruction or a transaction that has been authorized by the Customer/User, such cancellations is not guaranteed by us. In certain cases a Customer request for cancellation may be acted upon if the payment has not been transmitted to the Receiver. Under no circumstances can cancellation request be accepted for Transaction which has been delivered to the Receiver.

In the case of any request to cancel, in writing, not complying with the outstanding error or cancellation request procedures, all cancellation requests shall be subject to the rules governing cancellations (including cancellation charges) of the intermediary banks/financial service institutions/other money service businesses that makes the payout to the intended Receiver. The amount refunded to you upon cancellation will be after deducting our cancellation charges and cancellation or back end charges of correspondent bank/financial service institution /intermediary. You, the registered user shall be refunded by check ONLY, the USD equivalent of the local currency and the conversion shall be done at the exchange rate (our buying rate) prevailing on the day of cancellation or our buying rate prevailing at the day of initiation of transfer, whichever is lower. This rate can be different from the applied rate and could cause monetary loss to you. You shall also not be refunded the fees charged Service. We shall try to complete the refund process within 30 days of receiving the written request for cancellation.

Cancellation request in writing should be forwarded by email to customer.service@moneydart.com Or by regular mail to:

In case of error committed by us in executing a Transaction for reasons which fall within the purview of our Service parameters, the error shall be resolved in the manner and procedure required by the Supervisory Authority. We assume no other liabilities arising out of or linked to a failed money transfer. No refund shall be made by Moneydart if, because of inaccurate or erroneous identification or information, payment has been made to one other than the named Beneficiary.

In case where you think that a transfer was not made properly or was never received by the intended Receiver you must inform us immediately. We endeavour to resolve the error and investigate the reason of the same on receipt of your oral/written notice within 180 days of the promised date of delivery stating that an error occurred with respect to a money transfer, including the amount of currency, values of the currency into which the funds should have been exchanged but was not made available to the intended Receiver. We shall not be obligated to make any refunds for delayed payments unless and until we have received confirmation of the effective cancellation of the transfer, and then a full refund, less fees and telex charges will be refunded.

Within 90 days of receipt of an error notice you will be entitled to either (i) refund to the sender the total amount of funds tendered by the sender in connection with the transaction which was not properly transmitted; or (ii) without additional cost make available to the intended Receiver the amount appropriate to resolve the error; or (iii) provide such other remedy, as determined appropriate by Moneydart. In case on investigation it is determined that there was no error on our behalf we shall serve you with appropriate written notice with an explanation responding to the specific complaint.

Personal Information

Click here to read on personal information.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUPPLIERS, AGENTS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.

Indemnity

You agree to indemnify and hold Moneydart, its affiliate partners, Service Providers, and their respective subsidiaries, officers, directors, owners, agents, partners, employees, licensors, licensees and consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the agreement, or your violation of any rights of a third party. You shall stand indemnified, right to initiate legal proceedings, wherein there is a breach of any terms and conditions by Moneydart and its affiliate partners shall be specifically excluded from the purview of legal action. Moneydart, its affiliates partners and Service Providers shall stand indemnified wherein the Services are availed by you in foreign jurisdictions where the Website or Services cannot be offered without prior legal or regulatory compliance. Moneydart reserves the right, at its own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Moneydart.

Limitation of Liability

EXCEPT FOR CLAIMS UNDER SECTION 2102 OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL Moneydart, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Moneydart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF Moneydart, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.

Intellectual Property

The Website and the Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties.

All right, title and interest in and to the Service shall remain our property and/or the property of such other third parties.

The Service may be used only for the purposes permitted by these Terms and Conditions or described on this Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use.

You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Service or any portion thereof for any public or commercial use without our express written permission.

You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages of the Website). The name M2A and other names and indicia of ownership of Moneydart’s products and/or services referred to on the Website are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the Website may be trademarks of their respective owners.

Disclaimer

We are responsible for acting on remittance requests; collecting funds in foreign currency converting it into the respective receive currency and remitting it to the Beneficiary/Receiver as instructed by the Customer. Moneydart only provides the technology platform for recording and executing remittance requests, remittance tracking and communication.

We shall not be responsible for any error or omission made by the Customer/User while posting the transaction details in or otherwise providing the information required to avail of a Facility, or any consequences of such error or omission.

Although we adopts security measures which it considers appropriate for the website it does not warrant that the Website is immune from hacking, unauthorized access that may impair the working of the Website.

We have not verified and shall not be responsible for any information or content on the Website or on Websites linked to or with the Website.

Access and use of the Website and the facilities provided by the Website is entirely at the users own risk.

If we are unable to complete the transaction to the Beneficiary/Receiver because of the incorrect information provided by you about the Beneficiary, such as wrong misspelled name, a wrong or misspelled address, the wrong bank or bank account or any other misinformation, you will be liable for any costs, fees, expenses and losses that we may incur in returning the transaction amount to you, such as processing costs, losses arising due to exchange rate fluctuations, service charges and exchange commissions.

You, agree that we shall not be responsible for any delay, failure to execute or mis-execution of your Transaction request which is beyond our control, whether caused by acts of omission by any intermediary bank, war riots, governmental or court orders, or any other similar circumstances. We do not warrant the functionality of the Service or the accuracy, adequacy or completeness of any information related thereto.

We do not guarantee the cancellation of the Transaction once provided. The Transaction/(s) request may be cancelled subject to the cancellation request is received and acted upon before the Transaction request is executed by us.

The time frames mentioned for the Transaction to reach the Beneficiary is 5 to 6 working days in case there is an delay in delivering the funds to your Beneficiary which might either be a bank credit or cash pick up at an agent location as chosen by you due to unforeseen circumstances you cannot hold us responsible for the same. We do not guarantee you in any way on the time lines mentioned.

The information, material, suggestions, displayed on the Website are termed as contents and we assume no responsibility for any mistakes, omissions, inaccuracies, typographical errors etc., and do not take any warranty regarding any content on the Website.

We use the service of third parties and make no warranty on behalf of such third parties and will not be liable for any loss or damage of any sort incurred of transactions or dealings between you and such third party service providers.

Clicking on certain portions or links within the Website might take you to other websites without any intimation or indication of doing or having done so. The linked websites may not be under our control and we assume no responsibility whatsoever for the content, availability, performance or otherwise of such websites.

We also do not represent or warrant that these links shall operate satisfactorily. We provide these links only as a convenience and links to external websites do not constitute an endorsement by us of such other websites, the sponsors of such websites or the content, products, advertising or other materials presented on or by such websites.

We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of such other websites or reliance on or availing of any content, goods or services available on or through such other websites.

The links on the Website may take you to other websites or to other locations within the Website where other facilities are provided. We shall not be responsible or liable with regard to any such facilities available on such linked sites and any other website which may be linked to or from our Website.

Security

We take security very seriously and work hard, using state-of-the-art security measures, to make sure that your information remains secure. Our Service is a safe and convenient way to send money to friends and family and to other people that you trust. HOWEVER, WE DO ADVISE YOU TO CONSIDER CAREFULLY PRIOR TO SENDING MONEY TO ANYONE THAT IS NOT PERSONALLY KNOW TO YOU. IN PARTICULAR, BE CAUTIOUS OF DEALS OR OFFERS THAT SEEM TOO GOOD TO BE TRUE - THEY MAY BE SCAMS. IF YOU ARE AWARE OF ANYONE OR ANY ENTITY THAT IS USING THE SERVICE INAPPROPRIATELY, PLEASE EMAIL YOUR COMPLIANT TO US. SIMILARLY IF YOU RECEIVE ANY EMAILS, PURPORTING TO BE FROM US, WHICH YOU SUSPECT MAY BE "PHISHING" (FAKE) EMAILS, PLEASE FORWARD THEM TO US.

Governing Law and Jurisdiction

The Service and the Terms and Conditions entered into on or through the Website and the relationship shall be governed by and construed in accordance with the laws of New Jersey, notwithstanding the Conflicts of Law principles.

Transactions shall be subject to all applicable laws including notifications, rules, bye-laws, regulations, procedures and guidelines issued by the Government and other relevant Supervisory Authorities.

You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Service, the Terms and Conditions, any Transactions entered into on or through the Website or the relationship between you and us shall be subject to the exclusive jurisdiction of the competent courts located in New Jersey and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if we in our sole discretion may institute proceedings against you in any other court or tribunal having jurisdiction over the matter.

We accept no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of United States of America. The mere fact that the Website can be accessed or used or any Service can be availed in a country other than United States of America, does not mean that the laws of such country would be applicable.

Subject to the other Terms and Conditions and applicable law, the Website and the Service are offered to one & all. However, that the Services are not available to any residents in foreign jurisdictions where the Website or Service cannot be offered without prior legal or regulatory compliance.

You shall have the sole responsibility to verify whether the Website and the Service can be accessed and utilized in your respective jurisdictions.

Fees and Charges

We may, in it our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis. We reserve the right at any time and from time to time to modify or discontinue the Service (or any part thereof with or without notice).

You authorize us to charge your Payment Account for any applicable Service fees and charges for your use of the Service in accordance with the Service Fee schedule in effect at the time you make a Service request.

You acknowledge and agree that we or our designated Service Providers involved in processing a Transaction may charge a currency conversion fee for converting the U.S. dollar payment to the local currency.

The fee for this currency conversion may vary. You may obtain more information on the applicable currency conversion fee on the Website at the time of booking the Transaction. Find the charges for various countries herein below.

You agree that we might contact you either through phone, email or other means of communication for explaining about the product, or to ask information to confirm to statutory or legal requirements.

You agree to accept all subsequent disclosures (including, without limitation, disclosures required under federal law or state laws relating to privacy or electronic fund transfers) and other communications between you and us on this Website or at the primary email address you provided during registration. You may print and retain a copy of all such disclosures and communications by using your personal computer and printer, in the event that your primary email address changes, you must notify us. You may revoke your consent at any time by contacting customer service.

The Website, Terms and Conditions, the Visitor's/Customer/User's access to or use of the Website are not intended to create an agency, partnership, joint venture or employer-employee relationship between the Visitor/ Customer/User on the one hand and us and our affiliates, alliance partner or service provider on the other hand.

These Special Terms & Conditions governs all the Service conducted using the web-based remittance facility (www.moneydart.com), brought to you by Moneydart Global Services Inc.,DBA Xpress Money(hereinafter referred to as "Moneydart ") in the United States of America (USA).

The Service enables customers to send money to their family, friends, etc., across the world. FOR SECURITY REASONS, WE RECOMMEND THAT YOU SEND MONEY THROUGH THE SERVICE ONLY TO PEOPLE YOU KNOW PERSONALLY. YOU MUST NOT USE THE SERVICE TO SEND MONEY TO STRANGERS OR IN VIOLATION OF ANY APPLICABLE LAWS.

Special Terms and Conditions

By registering with, activating and using the Service, you agree to be bound by these Special Terms and Conditions i.e., the agreement between you and Moneydart. The General Terms and Conditions govern the terms under which you may access and use this website (Website) and the services associated with it (together the "Service") and are to be read along with these Special Terms and Conditions laid down herein below. (Click here for General Terms and Conditions)

Note that at the time of registration, by clicking on "SUBMIT" it will be deemed that you have read and understood all the Terms and Conditions and that you agree to accept and abide by them. Please read & understand the Terms and Conditions carefully prior to availing the Services.

We may in our discretion alter, add to or delete ("Modification") these Terms and Conditions from time to time, if required, without any prior notice.

It is your responsibility to ensure that you periodically update yourself on every occasion of your access and/or use of the Service to review the Special Terms and Conditions for any Modifications. Unless otherwise specified by Moneydart all such Modifications in the Special Terms and Conditions shall take effect automatically and be binding on and from the day of such Modification. By continuing to access or use the Services, you will be deemed to have agreed to accept and be bound by the Modified Special Terms and Conditions.

By continuing to use the Services, you are deemed to have agreed to accept and be bound by such Modifications in the Special Terms and Conditions.

If you do not agree to the Modifications, you should immediately discontinue availing the Service (other than those which have already been availed of by you prior to such alterations, additions or deletions).

By availing the Service you irrevocably authorize us to access all information relating to you (including personal information relating to access and use of the website by you and the transactions done by you) and the information so provided will be bound by our Privacy Policy. (Click here for the Privacy Policy).

Definitions

In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the meaning assigned to them here under

Alerts

It means advice, caution or notice relating to the Service issued or to be issued by us to you through a text message or an email from time to time.

Beneficiary/ Receiver

It refers to the Beneficiary designated by you to receive the funds by using the Service, which can be from your bank account in your visiting or resident country to be received in person in case of direct pay out or to your bank account in your home country or to a Receiver's bank account in the country of the Receiver subject to availability of the Service in the Jurisdiction of the Receiver.

Business day

It means any day that is not a Saturday, Sunday or bank or public holiday in the locality/ country where the visitor visits the website and/or the Receiver receives the payment.

Customer/ User

It means a registered user of Money2Anywhere money transfer service who avails or seeks to avail of Service displayed or offered on the Website or a customer registered with branch.

Customer Account

It means the account directly related to the Customer's position in respect of Service displayed or offered on the Website.

Customer ID

It means the unique identifier chosen by the Customer and assigned to each Customer Account as user identification along with the Customer Password, chosen by the Customer and so registered by the Website, that enables the Customer to:-

avail Services and enter into transactions in respect of the Service offered on the website and

do such other acts as the Website may permit.

In case of Customer registered with branch, Customer can use 16 digit unique customer identification number to create a password for login into the website. Customer can create an Customer ID (optional) since the 16 digit customer identification number will act as the Customer ID.

Customer Number

On registration a 16 digit number created by the system to identify the Customer.

Destination Country

It means the country in which the Receiver receives money through availing of the Service.

Facility

It means any present and future Service or facility displayed or offered to the Customer on or through the Website (by us or by any affiliates or alliance partner).

Local Taxes

It means any taxes or charges payable in the Destination Country.

Money Transfer Funds

It means all monies received or collected by or on behalf of the Customer/User in respect of all Transactions initiated by the Customer/User, including, but not limited to, Transfer Amount and all fees and charges

Payment Account

It means the bank account details of the Customer/User provided to Moneydart at the time of registration for the Service, to be used to transfer the Transaction Amount to the Beneficiary and to pay the applicable service charges for the use of Service.

Payment Instrument

It means a valid instrument of payment such as a bank account.

Payout Amount

It means the amount to be paid out to the Receiver, after such foreign exchange conversions, applicable Service Charges and excluding Local Taxes or such other charges as may be applicable.

Registered User ID

It means the Customer ID chosen by the Customer/User at the time of registration on the Website to access the Website.

Registered User Password

It means the customer password that is chosen by the Customer/User at the time of registration on the Website to access the Website.

Remittance Facility

It means the Service whereby you may request the delivery of a payment from your bank account in your visiting or resident country to your bank account in your home country or to a Receiver's bank account in the country of the Receiver.

Service Provider

It means a local bank, money exchange house, or other third party service providers in the Destination Country with whom Moneydart has relationship with for providing the Service.

Supervisory Authority

It means Bureau of Consumer Financial Protection, pursuant to the enactment of Dodd-Frank Wall Street Reform and Consumer Protection Act and such other authority as maybe notified from time to time.

Transaction

It means a specific instruction made by the Customer/User to send money using the Service to the account of a Beneficiary/Receiver.

Transaction Amount

It means the amount of money that the Customer/User wishes to send to the Beneficiary/Receiver, excluding any applicable fees and prior to any foreign exchange conversion.

Visitor

It means any person, who accesses or visits the Website, whether or not such person has registered himself, includes every Customer/User.

Interpretation

Reference to a particular gender shall be deemed to include a reference to the other genders and

Singular shall include the plural and vice versa and

The word "includes" should be construed as if the words "without limitation" appear thereafter.

Registration

Upon registration, as a Customer/User, the Website will register the relevant Registered User ID and Registered User Password. Being a registered user, you hereby agree that:

You shall not register yourself more than once in the Website for availing the Facility.

You agree to provide true, accurate, current and complete information, as prompted by the registration form on the Website, and to update this information to keep it true, accurate, current and complete at all times.

If in our judgment or knowledge any information provided by you is untrue, inaccurate, not current or incomplete, we retain the right to terminate your registration and refuse access to and use of the Website or Service, including the cancellation of pending transactions.

We reserve the right to request you, at any time and from time to time, for additional information and/or proof of authenticity of any information to our satisfaction; your continued access to the Website and the Service, including the completion of any ongoing transaction, may be subject to the receipt by us of such additional information or proof.

You will solely and absolutely be responsible for maintaining the secrecy and confidentiality of your Registered User IDs and Registered User Passwords (which term includes T-PINs).You are completely responsible and liable for all Transactions and activities that occur using your Registered User's ID and Registered User Password including any unauthorised use or misuse of the Registered User ID and/or Registered User Password and Moneydart will have no obligation to verify the authenticity of any such Transaction or activity.

In consideration of our agreeing to provide the Facilities as per the Terms and Conditions, you hereby agrees unconditionally indemnify us and hold us harmless against any liability, costs, damages, claims, suits, and proceedings based upon or relating to such unauthorized access and/or use.

Without prejudice to the aforesaid, you agree to log out from your account at the end of each session and to immediately notify us via Email customer.service@moneydart.com, or through phone 1866 372 3874 customer service desk of any suspected loss, theft, unauthorised usage of your Registered User ID or Registered User Password, any other breach of security, or any receipt of confirmation of a Transaction, fund or other activity which you did not authorise; or any inaccurate information in your Registered User's account balances or transaction history.

If you forget your Registered User Password, we may, upon your written request and subject to verification of your identity to our satisfaction, either send the prevailing Registered User Password or generate a new temporary password, at our sole discretion would be sent to you at the e-mail address provided by you at the time of registration for the Service. In the latter event, you shall change the temporary password as soon you receive it, and until such time you register your new password, this password shall be deemed to be your Registered User's Password and you will be responsible and liable for all Transactions pursuant thereto.

To the extent permissible by applicable law, we shall have the right (but not the obligation) to require the Customer/User to communicate instructions and authorise and execute Transactions and other activities by means of secure electronic records and secure digital signatures in addition to, or in place of, the use of password(s).

Conduct of Customer/Users

You agree that:

For each Transaction that you submit, you will be charged a service fee/charge as applicable in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction.

If you submit a Transaction that results in our becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees and or charges.

In connection with your registration and use of the Service, you will

provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;

provide true, accurate, current and complete information regarding the Beneficiary/Receiver for all Transactions.

We do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Beneficiary/Receiver or failure to perform a transaction under the Service by reasons mentioned in clause 5.3 above.

When you pay for a Transaction in one currency and the Receiver is paid in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. We and our Service Providers usually make a small profit in these circumstances. If such account is denominated in another currency the amount to be received by the Receiver will be reduced by the amount of extra charges incurred by reason of the incorrect information given by you and we will have no obligation to make good such reduction;

When you are availing the Service under these Terms and Conditions, it is your responsibility to ensure all transaction details are accurate prior submission of the Transaction. You will be given the opportunity to reconfirm transactions details before submission of the Transaction for processing. Once a Transaction has been submitted for processing it is not normally possible to change the details.

We are not responsible for any fees or charges you may incur when utilizing a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees, credit/debit card charges and additional interest which may be imposed by your bank if they treat the Service as a credit transaction rather than a cash transaction.

You will use the Service only to send money to people that you know personally and not to pay for any goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that we have no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If we reasonably believe you are using the Service to purchase goods or services, we reserve the right to cancel your transaction(s). Both Customer and the Receiver will act on their respective selves. You may not submit or receive a Transaction on behalf of a third person. If you intend to submit or receive a Transaction on behalf of a company, business or a third party individual, you must first inform us of your desire to do so and provide us with such additional information as we deem fit about the company, business or third party individual, in order that we may decide whether to permit the transaction.

In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It would tantamount to breach of these Terms and Conditions to use the Service to send money

to a recipient who has violated the Terms and Conditions, or

in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organisations.

If you use the Service in connection with illegal activity or any activity which seem suspicious, we will report your Transaction(s) to the appropriate legal authorities.

We may, as is necessary to provide the Service, store all information required of a Receiver to prove his or her identity or associated with their specific Transaction. Such proofs may include but not limited a suitable form of valid, unexpired identification from a list of acceptable documents provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers as we or our Service Provider may deem fit.

Representations and Warranties

Click here for Representation and Warranties.

Other terms

Subject to these Terms and Conditions, we agree to provide the Service using reasonable care. The Service may not be available in whole or in part in certain regions, countries, or jurisdictions.

We are not obliged to process any particular Transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us.

We reserve the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion or subject to such applicable laws, refuse any Transaction or limit the amount transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.

We reserve the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion or subject to such applicable laws, refuse any Transaction or limit the amount transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.

We may, in our sole discretion, refuse transactions from certain Senders or to certain Receivers, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the OFAC, UN, US Department of state, US Department of Justice, US Department of Treasury , US Department of Homeland Security and such other authorities as may be applicable. In addition, not all Payment Instruments are available to all Customers at all times and we may, in our sole discretion, refuse Transactions funded from certain Payment Instruments.

We will attempt to process Transactions promptly, but any transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.

We will attempt to provide Customer and Receiver with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that we shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.

We conduct our services in a transparent manner and do not withhold any information from Customer pertaining to Customer's Transaction. The requisite information pertaining to Customer's Transaction is disclosed to Customer in the manner and form required by the Supervisory Authority.

Refunds

If you wish to exercise your right to cancel a Transaction under this clause, you must submit a written request to one of the contact points listed at the bottom of this Terms and Conditions, giving the Customer's full name, address, and phone number, together with the transaction tracking number, Transaction Amount, and the reason for your refund request.

If Receiver rejects your funds or you request a refund, we may charge you a fee to refund the principal amount back to your account after deducting the applicable Service Fee for the Service rendered.

We will only refund the Transaction Amount if the transaction was not already paid out to the Receiver (in which case we will also cancel all your pending Transaction to the said Receiver).

Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in USD. Refund amounts will not be adjusted to account for changes in the value of the USD or foreign currency from the time your Transaction was submitted to the time of refund. Notwithstanding the foregoing, residents of certain jurisdictions should read the following:

Right to Refund

The following applies only to Transactions that are submitted by Customer in:

California: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement, if we do not forward the funds received from you within ten (10) days of the date of its receipt of such funds, or we fail to give instructions committing an equivalent amount of funds to the person designated by you within ten (10) days of the date of the receipt of the funds from you unless otherwise instructed by you.If your instructions as to when the funds shall be forwarded or transmitted are not complied with and the funds have not yet been forwarded or transmitted you have a right to a refund.If you want a refund, you must mail or deliver your written request at: Customer Service, at customer.service@moneydart.com by email or by mail to 1000 Woodbridge Center Drive, Woodbridge, NJ 07095. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.

Washington: You, the customer, are entitled to a refund of all moneys received for transmission within ten (10) days of receipt of a written request for refund unless any of the following occurs:

The monies have been transmitted and delivered to the Receiver prior to receipt of the written request for a refund

Instructions have been given committing an equivalent amount of money to the person designated by the Customer prior to receipt of a written request for a refund

We or our authorized delegate has reason to believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested by the Customer or refunding the money as requested by the Customer or

We are otherwise barred by law from making a refund.

Cancelling Payments

You have a right to cancel the money transfer within thirty (30) minutes of making payment and receipt being issued to you provided the transaction can be traced in the system and the money has not been paid out or deposited to the Receiver. You shall be refunded the entire transaction amount including any fees without any deduction or charges within three (3) business working days.

Nevertheless, in the case of a request not complying with the outstanding error or cancellation request procedures, upon your request in writing along with the copy of the money transfer receipt, we may at our sole discretion, cancel the transfer before it is paid out to the intended recipient/ credited to the Beneficiary's bank account and refund the transfer amount after deducting the fees of transaction cancelled and such other charges as maybe incurred by us. Our cancellation charge at present is $100 per transaction

We do not encourage cancellation. The Customer/User cannot cancel or amend any instructions once provided, except as specifically detailed on the website. Additionally, when the registered user places a request to cancel an instruction or a transaction that has been authorized by the Customer/User, such cancellations is not guaranteed by us. In certain cases a Customer request for cancellation may be acted upon if the payment has not been transmitted to the Receiver. Under no circumstances can cancellation request be accepted for Transaction which has been delivered to the Receiver.

In the case of any request to cancel, in writing, not complying with the outstanding error or cancellation request procedures, all cancellation requests shall be subject to the rules governing cancellations (including cancellation charges) of the intermediary banks/financial service institutions/other money service businesses that makes the payout to the intended Receiver. The amount refunded to you upon cancellation will be after deducting our cancellation charges and cancellation or back end charges of correspondent bank/financial service institution /intermediary. You, the registered user shall be refunded by check ONLY, the USD equivalent of the local currency and the conversion shall be done at the exchange rate (our buying rate) prevailing on the day of cancellation or our buying rate prevailing at the day of initiation of transfer, whichever is lower. This rate can be different from the applied rate and could cause monetary loss to you. You shall also not be refunded the fees charged Service. We shall try to complete the refund process within 30 days of receiving the written request for cancellation.

In case of error committed by us in executing a Transaction for reasons which fall within the purview of our Service parameters, the error shall be resolved in the manner and procedure required by the Supervisory Authority. We assume no other liabilities arising out of or linked to a failed money transfer. No refund shall be made by Moneydart if, because of inaccurate or erroneous identification or information, payment has been made to one other than the named Beneficiary.

In case where you think that a transfer was not made properly or was never received by the intended Receiver you must inform us immediately. We endeavour to resolve the error and investigate the reason of the same on receipt of your oral/written notice within 180 days of the promised date of delivery stating that an error occurred with respect to a money transfer, including the amount of currency, values of the currency into which the funds should have been exchanged but was not made available to the intended Receiver. We shall not be obligated to make any refunds for delayed payments unless and until we have received confirmation of the effective cancellation of the transfer, and then a full refund, less fees and telex charges will be refunded.

Within 90 days of receipt of an error notice you will be entitled to either (i) refund to the sender the total amount of funds tendered by the sender in connection with the transaction which was not properly transmitted; or (ii) without additional cost make available to the intended Receiver the amount appropriate to resolve the error; or (iii) provide such other remedy, as determined appropriate by Moneydart. In case on investigation it is determined that there was no error on our behalf we shall serve you with appropriate written notice with an explanation responding to the specific complaint.

Personal Information

Click here to read on personal information.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUPPLIERS, AGENTS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.

Indemnity

You agree to indemnify and hold Moneydart, its affiliate partners, Service Providers, and their respective subsidiaries, officers, directors, owners, agents, partners, employees, licensors, licensees and consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the agreement, or your violation of any rights of a third party. You shall stand indemnified, right to initiate legal proceedings, wherein there is a breach of any terms and conditions by Moneydart and its affiliate partners shall be specifically excluded from the purview of legal action. Moneydart, its affiliates partners and Service Providers shall stand indemnified wherein the Services are availed by you in foreign jurisdictions where the Website or Services cannot be offered without prior legal or regulatory compliance. Moneydart reserves the right, at its own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Moneydart.

Limitation of Liability

EXCEPT FOR CLAIMS UNDER SECTION 2102 OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL Moneydart, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Moneydart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF Moneydart, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.

Intellectual Property

The Website and the Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties.

All right, title and interest in and to the Service shall remain our property and/or the property of such other third parties.

The Service may be used only for the purposes permitted by these Terms and Conditions or described on this Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use.

You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Service or any portion thereof for any public or commercial use without our express written permission.

You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages of the Website). The name M2A and other names and indicia of ownership of Moneydart’s products and/or services referred to on the Website are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the Website may be trademarks of their respective owners.

Disclaimer

We are responsible for acting on remittance requests; collecting funds in foreign currency converting it into the respective receive currency and remitting it to the Beneficiary/Receiver as instructed by the Customer. Moneydart only provides the technology platform for recording and executing remittance requests, remittance tracking and communication.

We shall not be responsible for any error or omission made by the Customer/User while posting the transaction details in or otherwise providing the information required to avail of a Facility, or any consequences of such error or omission.

Although we adopts security measures which it considers appropriate for the website it does not warrant that the Website is immune from hacking, unauthorized access that may impair the working of the Website.

We have not verified and shall not be responsible for any information or content on the Website or on Websites linked to or with the Website.

Access and use of the Website and the facilities provided by the Website is entirely at the users own risk.

If we are unable to complete the transaction to the Beneficiary/Receiver because of the incorrect information provided by you about the Beneficiary, such as wrong misspelled name, a wrong or misspelled address, the wrong bank or bank account or any other misinformation, you will be liable for any costs, fees, expenses and losses that we may incur in returning the transaction amount to you, such as processing costs, losses arising due to exchange rate fluctuations, service charges and exchange commissions.

You, agree that we shall not be responsible for any delay, failure to execute or mis-execution of your Transaction request which is beyond our control, whether caused by acts of omission by any intermediary bank, war riots, governmental or court orders, or any other similar circumstances. We do not warrant the functionality of the Service or the accuracy, adequacy or completeness of any information related thereto.

We do not guarantee the cancellation of the Transaction once provided. The Transaction/(s) request may be cancelled subject to the cancellation request is received and acted upon before the Transaction request is executed by us.

The time frames mentioned for the Transaction to reach the Beneficiary is 5 to 6 working days in case there is an delay in delivering the funds to your Beneficiary which might either be a bank credit or cash pick up at an agent location as chosen by you due to unforeseen circumstances you cannot hold us responsible for the same. We do not guarantee you in any way on the time lines mentioned.

The information, material, suggestions, displayed on the Website are termed as contents and we assume no responsibility for any mistakes, omissions, inaccuracies, typographical errors etc., and do not take any warranty regarding any content on the Website.

We use the service of third parties and make no warranty on behalf of such third parties and will not be liable for any loss or damage of any sort incurred of transactions or dealings between you and such third party service providers.

Clicking on certain portions or links within the Website might take you to other websites without any intimation or indication of doing or having done so. The linked websites may not be under our control and we assume no responsibility whatsoever for the content, availability, performance or otherwise of such websites.

We also do not represent or warrant that these links shall operate satisfactorily. We provide these links only as a convenience and links to external websites do not constitute an endorsement by us of such other websites, the sponsors of such websites or the content, products, advertising or other materials presented on or by such websites.

We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of such other websites or reliance on or availing of any content, goods or services available on or through such other websites.

The links on the Website may take you to other websites or to other locations within the Website where other facilities are provided. We shall not be responsible or liable with regard to any such facilities available on such linked sites and any other website which may be linked to or from our Website.

Security

We take security very seriously and work hard, using state-of-the-art security measures, to make sure that your information remains secure. Our Service is a safe and convenient way to send money to friends and family and to other people that you trust. HOWEVER, WE DO ADVISE YOU TO CONSIDER CAREFULLY PRIOR TO SENDING MONEY TO ANYONE THAT IS NOT PERSONALLY KNOW TO YOU. IN PARTICULAR, BE CAUTIOUS OF DEALS OR OFFERS THAT SEEM TOO GOOD TO BE TRUE - THEY MAY BE SCAMS. IF YOU ARE AWARE OF ANYONE OR ANY ENTITY THAT IS USING THE SERVICE INAPPROPRIATELY, PLEASE EMAIL YOUR COMPLIANT TO US. SIMILARLY IF YOU RECEIVE ANY EMAILS, PURPORTING TO BE FROM US, WHICH YOU SUSPECT MAY BE "PHISHING" (FAKE) EMAILS, PLEASE FORWARD THEM TO US.

Governing Law and Jurisdiction

The Service and the Terms and Conditions entered into on or through the Website and the relationship shall be governed by and construed in accordance with the laws of New Jersey, notwithstanding the Conflicts of Law principles.

Transactions shall be subject to all applicable laws including notifications, rules, bye-laws, regulations, procedures and guidelines issued by the Government and other relevant Supervisory Authorities.

You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Service, the Terms and Conditions, any Transactions entered into on or through the Website or the relationship between you and us shall be subject to the exclusive jurisdiction of the competent courts located in New Jersey and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if we in our sole discretion may institute proceedings against you in any other court or tribunal having jurisdiction over the matter.

We accept no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of United States of America. The mere fact that the Website can be accessed or used or any Service can be availed in a country other than United States of America, does not mean that the laws of such country would be applicable.

Subject to the other Terms and Conditions and applicable law, the Website and the Service are offered to one & all. However, that the Services are not available to any residents in foreign jurisdictions where the Website or Service cannot be offered without prior legal or regulatory compliance.

You shall have the sole responsibility to verify whether the Website and the Service can be accessed and utilized in your respective jurisdictions.

Fees and Charges

We may, in it our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis. We reserve the right at any time and from time to time to modify or discontinue the Service (or any part thereof with or without notice).

You authorize us to charge your Payment Account for any applicable Service fees and charges for your use of the Service in accordance with the Service Fee schedule in effect at the time you make a Service request.

You acknowledge and agree that we or our designated Service Providers involved in processing a Transaction may charge a currency conversion fee for converting the U.S. dollar payment to the local currency.

The fee for this currency conversion may vary. You may obtain more information on the applicable currency conversion fee on the Website at the time of booking the Transaction. Find the charges for various countries herein below.

You agree that we might contact you either through phone, email or other means of communication for explaining about the product, or to ask information to confirm to statutory or legal requirements.

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- Choose from 70 world currencies - Get our best exchange rates - Have them delivered to your home/office

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